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New Department of Fish and Wildlife Surety Bond Form

In 2008, the California Department of Fish and Wildlife (CDFW) began a pilot program making available a surety bond as a form of security for mitigation obligations required by certain CDFW Lake and Streambed Alteration Agreements (LSAA) and California Endangered Species Act Incidental Take Permits (ITP).   The pilot program expired in June, 2013. 

This new surety bond form titled "Official Instrument Surety Bond" replaces the expired form and  has been approved by the Office of the Attorney General.   It can be used as a form of security for LSAAs and ITPs in two circumstances.  First, it can be used when the cost to complete the "Secured Obligation" as that term is defined in the bond is valued at $500,000 or more.  It also can be used when, in addition to the LSAA or ITP, the U.S. Army Corps of Engineers (Corps) has issued a permit for the project for which the security is required, and the Corps requires a surety bond for that project.  A complete description of when the surety bond can be used and other very important information on the surety bond can be found in the Instructions that follow the bond form.